Can separated parents remove the father's name from the child's birth certificate?
Pursuant to the provisions of Clause 12 Article 4 of the Law on Civil Status 2014:
Correction of civil status is the act of a competent state agency amending the civil status information of an individual in cases of errors when registering civil status.
Article 26 of this Law defines the scope of civil status correction activities to include:
- Changing the surname, middle name, and first name of an individual in the registered birth declaration contents when there is a basis according to the provisions of civil law.
- Changing the information about the father, mother in the registered birth declaration contents after being adopted in accordance with the Law on Adoption.
At the same time, Clauses 1 and 2 of Article 17 of Circular 04/2020/TT-BTP stipulate:
- Civil status correction shall only be resolved after determining there are errors in civil status registration; not to correct the content on legally issued civil status documents to legitimize information on other personal records and documents.
- Errors in civil status registration are errors of the person registering the civil status or errors of the civil status registration agency.
Combining the above regulations, it is evident that the correction of civil status, specifically the parent's name on the child's birth certificate, is only carried out when there are errors in the process of performing the birth registration procedures either by the civil status officer or due to errors by the person registering the birth.
In the case previously, at the time of birth registration, the information about the father and mother on the child's birth certificate was completely accurate, you cannot carry out the procedure to correct the information to remove the father's name on the child's birth certificate due to the reason of parental separation.
Sincerely!









